September 20, 2010

Honorable Andrew Cuomo
Cuomo 2010
Church Street Station
P.O. Box 683
New York, NY 10008

Dear Mr. Cuomo:

Thank you for taking the time to visit Ithaca on August 19th. I am sorry we were not able to discuss my Marcellus Shale Horizontal Hydrofracturing (MS HH) concerns in person. Please let me know if you would like to schedule a meeting at your convenience.

As you know, I spoke about that issue the day before with John B. Howard, your Office of the Attorney General (OAG) Deputy Chief of Staff, Peter C. Washburn, your OAG environmental policy advisor, and James Malatras, your gubernatorial campaign aide. I understand they found our discussion both informative and useful.

Questions and Concerns About Your Marcellus Shale Horizontal Hydrofracturing Policy

I have reviewed your MS HH policy (See Appendix A). I write respectfully to ask you some questions about it and to bring some concerns to your attention. You wrote:

“We need to explore how drilling can be done in a way that is consistent with environmental concerns. The State’s Department of Environmental Conservation, as well as the federal Environmental Protection Agency, are currently studying the effects of drilling in the Marcellus Shale region [emphasis added]. Through that assessment, New York State must ensure that, if and when the Shale’s natural gas is obtained, it does not come at the expense of human health or have adverse environmental impacts [emphasis added]. In particular, it is critical that no drilling be conducted that might negatively affect any existing watershed and that best practices in drilling are adopted and enforced by the State [emphasis added].

First, neither DEC nor EPA is “studying the effects of drilling in the Marcellus Shale region.” EPA is preparing to conduct a general national hydrofracturing study that would not be completed for at least two years. DEC is not undertaking any Marcellus Shale study whatsoever.

Instead, the agency is in the final stages of adopting a Final Supplemental Generic Environmental Impact Statement (Final SGEIS) that would lift a de facto MS HH moratorium and allow drilling permits to be issued. That could reportedly occur as soon as the end of this year.

With all respect, it is unreasonable to believe MS HH could be conducted at this time in New York without coming “at the expense of human health” or having “adverse environmental impacts.” Using DEC and County Health Department records, I documented inadequate regulation of natural gas activities over many decades that resulted in hundreds of major pollution problems that never were cleaned up. I respectfully urge you to review those findings.

See:

• http://www.toxicstargeting.com/MarcellusShale/drilling_spills_profiles
• http://www.toxicstargeting.com/MarcellusShale/documents/chautauqua_cattaraugus_county
• http://www.toxicstargeting.com/MarcellusShale/documents/allegany_us_energy_pdfs

Second, the “best practices” you propose that New York adopt and enforce are minimally protective environmental controls. Best Management Practices (BMPs) would allow industry self-regulation that would likely result in further environmental and public health hazards. I urge you to reconsider this key proposal.

Third, the most important component of your MS HH policy is “…Andrew Cuomo would not support any drilling that would threaten the State’s major sources of drinking water.”

Using local, state and federal drinking water supply data, I delineated the areas you reportedly are concerned about protecting. See below and: http://www.toxicstargeting.com/MarcellusShale/documents/watershed-map

Please spell out precisely how you propose to prevent gas drilling from threatening source water in approximately 75% of the Marcellus Shale in New York given that DEC’s draft SGEIS would allow drilling in virtually that entire formation. I am eager to learn how you would safeguard those “sacrosanct” areas if you are elected Governor of the State of New York.

Coalition Letter Requesting Withdrawal of DEC’s draft SGEIS

With respect, you cannot seriously believe DEC’s proposed regulation of MS HH can adequately protect the environmental and public health. DEC’s draft SGEIS has received withering criticism due to its major shortcomings. More than 10,0000 citizens, elected officials, business leaders as well as local, state and national environmental groups have signed my coalition letter requesting Governor Paterson to withdraw DEC’s proposal.

That letter provides detailed documentation of fires, explosions, polluted water supply wells, unremediated drilling wastewater spills and homes evacuated due to natural gas activities across New York. Those hazards refute DEC’s assertion that its existing GEIS regulations are sufficient to safeguard the environment and the public health. That erroneous assumption is the rationale for the entire Supplemental GEIS proceeding.

See: http://www.toxicstargeting.com/MarcellusShale/coalition_letter

I fully appreciate that your office would defend DEC if legal challenges are brought against a Final SGEIS while you are serving as the Attorney General. Nevertheless, I believe my coalition letter warrants your careful review. It documents so many serious shortcomings in the scope of the SGEIS that there is a broad consensus the process must be restarted. It also spells out numerous additional concerns that must be addressed before MS HH permits should be issued in New York.

EPA Concerns regarding DEC’s draft SGEIS

Many of the coalition letter’s concerns are echoed in a 12/30/09 EPA letter that is highly critical of DEC’s effort:

“…greater emphasis needs to be placed on the potential health impacts that may be associated with gas drilling and hydrofracturing. EPA suggests that New York State Department of Health (DOH) join NYSDEC as a co-lead on the SEQRA [State Environmental Quality Review Act] document.”

“EPA is concerned that over the past 17 years since the 1992 GEIS was written, the ‘existing’ environment and conditions in New York State have changed sufficiently that using the information from that report as a baseline for the dSGEIS will not take into account the cumulative impacts from habitat fragmentation, population increase, and climate change that may have occurred during that time.”

“While protecting the New York City watershed is important because of the millions of New Yorkers who rely on this drinking water supply, we also have concerns about water quality impacts throughout the state. Just because fewer people rely on upstate water sources does not imply that these supplies are not also worthy of protection.”

“…we have concerns regarding potential impacts to human health and the environment that we believe warrant further scientific and regulatory analysis. Of particular concern to EPA are issues involving water supply, water quality, wastewater treatment operations, local and regional air quality, management of naturally occurring radioactive materials disturbed during drilling, cumulative environmental impacts, and the New York City
watershed. EPA recommends that these concerns be addressed and essential environmental protection measures established prior to the completion of the SEQRA process [emphasis added].”

See: http://www.toxicstargeting.com/MarcellusShale/documents/epa_letter

Conclusion

Please note that EPA is on the record stating that their concerns “warrant further scientific and regulatory analysis.” EPA evidently believes that any revision of the draft SGEIS would be insufficient due to the need to conduct further scientific analysis. DEC is performing no such analysis. Even if EPA performs that work, it would not be completed for at least two years.

As you will see from my 9/13/10 testimony to EPA, I noted that:

“I believe it is imperative for EPA to enforce its ‘serious reservations’ about Marcellus Shale Horizontal Hydrofracking in New York. I respectfully request EPA to require DEC to withdraw its draft SGEIS in order to address the shortcomings specified by EPA. It is essential that EPA take action to prevent hydrofracking hazards from developing in New York State [emphasis in the original].”

See: http://www.toxicstargeting.com/MarcellusShale/documents/fracking-comments

I trust you will find my requests self-explanatory, but please do not hesitate to contact me if I can answer any questions or otherwise assist you. I look forward to receiving your reply.

Thank you for your consideration. I wish you the very best of luck with your campaign.

Very truly yours,

Walter Hang
215 North Cayuga Street
Ithaca, NY 14850

Cc: John B. Howard
Peter C. Washburn
James Malatras

Appendix A

“Any Drilling in the Marcellus Shale must be Environmentally Sensitive and Safe

Because so much of our supply of energy is based on natural gas fuel, ensuring a supply of low-cost natural gas is important to New York. The Marcellus Shale could contribute to New York’s natural gas supply, but development needs to be highly sensitive to environmental concerns. The economic potential from the Marcellus shale could provide a badly needed boost to the economy of the Southern Tier and even many environmentalists agree we want to produce more domestic natural gas that reduces the need for environmentally damaging fuel sources such as coal.

We need to explore how drilling can be done in a way that is consistent with environmental concerns. The State’s Department of Environmental Conservation, as well as the federal Environmental Protection Agency, are currently studying the effects of drilling in the Marcellus Shale region. Through that assessment, New York State must ensure that, if and when the Shale’s natural gas is obtained, it does not come at the expense of human health or have adverse environmental impacts. In particular, it is critical that no drilling be conducted that might negatively affect any existing watershed and that best practices in drilling are adopted and enforced by the State.

Therefore, any drilling in the Marcellus Shale must be environmentally sensitive and safe. These reviews must demonstrate that health and environmental risks are adequately addressed and protected. However, existing watersheds are sacrosanct and Andrew Cuomo would not support any drilling that would threaten the State’s major sources of drinking water.”